DYSLEXIA AND YOUR RIGHTS WHILE INCARCERATED

By Wyatt DeRemer

From PHN Issue 59, Winter 2025

Dyslexia is one of the most common learning disabilities. By some estimates, as many as one in five adults living in the U.S. have it. But it’s also very misunderstood.

Did you struggle to learn how to read as a child? Were you in special education classes in elementary
school? Do you still avoid reading things now? Do others struggle to read your writing, either because
of poor spelling or messy handwriting? Do you get your rights and lefts mixed up a lot? If you can say
yes to any of these questions, you may be dyslexic.

According to the International Dyslexia Association, “Dyslexia is characterized by difficulties with accurate and/or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities. Secondary consequences may be problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.”

There are a lot of incorrect ideas out there about dyslexia. Dyslexia is not contagious and is not associated with being confused, lazy, stupid, or unmotivated. Additional misconceptions about dyslexia are that it is only found in children or English readers and speakers, or that one can grow out of the condition.

According to an article published in the Journal of Correctional Education in 2021, “The percentage of
this incarcerated population identified as dyslexic is far higher than the prevalence rate of 20% reported
in the general United States population.” The Department of Justice has also noted that the link
between academic failure and delinquency, violence, and crime is linked to reading failure. This means that individuals with dyslexia are more likely to become incarcerated than others.Yet even though dyslexia is one of the most commonly experienced disabilities in the prison system, it is one of the least likely to be addressed.

The Code of Federal Regulations states that when “determining whether an individual has a disability
under the ‘actual disability’ or ‘record of prongs of the definition of disability, the focus is on how a
major life activity is substantially limited and not on what outcome an individual can achieve. For example, someone with a learning disability may achieve a high level of academic success but may nevertheless be substantially limited in one or more major life activities, including, but not limited to reading, writing, speaking, or learning because of the additional time or effort he or she must spend to read, write, speak, or learn compared to most people in the general population.” (CFR Title 28, Section 35.108)

Dyslexia and other learning disabilities can make one feel very isolated, but there is help and there is hope. If you are incarcerated and are diagnosed or believe that you have dyslexia, there are steps you can take to ensure that you receive the appropriate medical attention.

The first step is to get documentation about your disability. You could ask a doctor to send a request for the records from the last school you attended if you had an individualized education plan, also known as an IEP. This is supporting documentation.

The Americans with Disabilities Act requires that the Department of Corrections provide accommodation
for individuals with dyslexia and other specific learning disabilities. It states, “Qualified inmates or detainees with disabilities should have access to available programs and activities, whether they are mandatory or voluntary. … Such activities may include educational, vocational, work release, or religious programs, as well as opportunities for visitation.” This requirement is codified under theCode of Federal Regulations, because of the impact of disability in the major functions of life including learning, reading, concentrating, thinking, writing, and communicating.

The Code of Federal Regulations also requires compliance with non-discriminatory practices and the obligation to provide medical aid and equipment to support incarcerated individuals with disabilities. It
states that “no qualified individual with a disability, shall on the basis of disability, be excluded from
participation in or be denied the benefits of theservices, programs, or activities of a public entity, or
be subjected to discrimination by any public entity,” (CFR Title 28, Sec. 35.130).

If you believe that you have dyslexia or a different disability, and you need special accommodation while you are incarcerated, make sure that you speak with your doctor, keep all documentation for your records, and advocate for your rights to the same level of care as other individuals with the same disabilities. ❄

Leave a comment